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HomeMy WebLinkAbout4927NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, AUGUST 16, 2001 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town o[ Southold, the following application will be heard at.a public healing by.the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 1.1971~ on THURSDAY, AUGUST 16. 200~, at the time noted below (or as soon thereafter as possible): 8:45'p.m~ AppI. No. 4927 - KACE LI, INC. This is an Appeal requesting a Reversal of the Building Inspector's Amended Notice of Disapproval dated July 30, 2001, denying an application for a building permit for multiple dwellings under Article IV, Section 100,42~B.1. The reasons, stated in the Notice of Disapproval are that the proposed project does not have a valid special exception from the Zoning Board of Appeals~ and does not have a valid site plan approval from the Planning Board. Zone District: Hamlet-Density (HD). Location of Property: South Side of North, Road (alk/a C,R. 48), "Northwind Village", 500 feet east of Chapel Lane, Greenport.; Parcel #1000-40-3-1. The Board of Appeals will hear all persons, or their representative, desiring to be heard at the hearing~ or desiring to submit written statements before the conclusion of the above hearing. This hearing Will not start earlier than designated. Files are available for review dudng regu ar Town Hal business hours (84 p.m.), f you have quest ons, p ease do not hes rate to call (631) 765-1809. Dated: July 30, 2001. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Corrected 7/31 dO (63t) 765-1809 FAX (6~1) 765-9064 TOWN* oF FACSIMILE TRANSMITTAL SHEET COMPANY: ,/ ' ' FROM,' ZBA Office Staff 765-1809 FAX HUMBER: ,,~ ~/g.,~ . ~. ~ /"// TOTAL '~iO. O1: PAGES INCLUDING COVER: [] URGEI~T [] FOR REVIEW [] PLEASE COMMENT [] PLEASE REPLY[~ PLEASE RECYCLE NOTES/COMMENT$= 53099 ~,IAIN ROAD SOUTHOLD, NY 11971-0959 MODE 00:00:55 02 OK ECM OFFICE OF ZONING BOARD OF APPEA/_S 53095 Main Road $outhold, NY 11971 (631) 765-1809 fax (631) 765-9064 July 30, 2001 Re: Chap:ter 58 - Public Notice for Thursday, August 16, 2001 Hearing_ ,~-~¢_~ ~,z,j, ~2__~c~ . Please'fin? en,ctosed a copy of the Lega Notice describing the recent app ication. The Notice will be published id f~e next issue of the Suffolk Times. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be now mailed with a map or sketch showing the construction area or variance, being conSicJered. Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, on. Thursday, August 2"d, or sooner, including a copy of a map showing your Project ~ea, to all owners of land (vacantor ~mproved) surrounding yours, including land across any st[eet o[ 'right-of~way that borders your property. Use the current addresses shown on the aSsessr~nt rolls maintained by the Town Assessors'Off ce ('765-1937~ or the County Re~l Prd~h~rfv Office in Rwerhead If you know of another address for a ne ghbor, o~ ma want to send th~.~ ~' '~ Y Y · notice to that a~ldress as well. When pi~king up the sign, a $15 check will be requested for each metal stand as a deposit. If you already hav, e a sign and stand and only need the laminated pdntout for the face of the sign, an additional deposit is not necessary and We can mail or fax it to you. Please post the Town's official poster/sign no: later than August 9th' Securely place the sign on your property facing the street, nd more than 10 feet from the front property line bordering the street. (If you border more than. one' street: or roadway., an extra poste~', s gn~ s furnished for post ng n each front yard.) The sign(s) ~n~ remain in place for at least seven (7) days, and should remain posted through the day of th~ hea'rir~g, if you r~eed a rep acement sign', please contact us. By AuguSt 9th'd, please submit to our office your Affidav t of Mailing (copy enclosed) with parcel numbers, noted for each, and return it with the white receipts postmarked by the Post Office. Later, wYt~n the green Signature cards are returned to you by the Post Office, please mail or deliver them to us (but not later than the date of the hearing). If any signature card is not returned, please advise the Board at the h'eanng. On or about August 15t", 2001, and after the signs have been rn place for seven (7) days, please submit your Affidavit of. Postin,q to our office. These will kept in the permanent record as proof of all Notices. (Please feel free to return the metal stands to our office for a return of your deposit.) If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Enclosures (__~/.,) ZBA Board Members and Staff TOWN OF SOUT (631) 765-1809 FAX (631) 765-9064 FACSIMILE TRANSMITTAL SHEET TO; FROM: ZBA O~ce Staff 765-1809 TOTAL NO, OF PAGES INC;LUDII~G COVER: [] URGENT [] FOR REVIEW [] PLEAEE COMMENT [] PLEAEE REPLYE~ PLEAEERECYCLE F DATE,TIME FAX NO./NAME DURATION PAGE(S) RESULT I~ODE ,~MSMISSIOM V~FZCATION REPORT~) TIME : 07/S0/200Z 15:SS 07/30 15:30 5432271 00:02:46 STANDARD EOM oNiNG BOA~I~ O ~ AP F?d~ $ $OUTHOLDk. J (63t) 765-1809 FAX (631) 765-9064 TOWN OF FACSIMILE TRANSMITTAL SHEET ZBA Office Staff 765-1809 7 -3~ ~/ TOTAL I~O. OF PAGES INCLUDING COVER= Chapter 58, NOTICE OF PUBLIC HEARING [HISTORY: Adopted by,the Town Board of the Town of Southold 12-27-1995 as L.L. ~No. 25-1~95. Amendments noted where applicable.] § 58-1. Providing notice of public hearings. When.ev. er the Code calls for a pub?c hearing, this section shall apply. Upon determining that an r appiication .is complete, the board or commission reviewit~g the same shall fix a time.~and place for a public hearing thereon. The board or commission reviewing an application shall provide, for the giving of notice: A. By causing a notice giving the time, date, place and nature of the hearing .to be published in the official newspaper within the period prescribed by law. B. By requiring the applicant to erect the .sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and .place of the public hearing thereon. The sign shall be set back not more than ten (1{)} feet from the property line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding, the date of the public hearing. The. applicant or his/her agent shall file an affidavit that s/he haScomplied with this provision. C. By requiring the applicant to send notice to the owners of record of every property which abuts and ~very property which is across from any public or private street from the property included in the application. Such notice shall be made by certified mail, return receipt requested, posted at least seven (7) days prior to the date of the initial public hearing on the applicatidn and. addressed to the owners at the addresses listed for them on the local assessment roll. The applicant or agent shall file an affidavit that s/he has complied with this provision. REPO~ PAGE{S} RESULT MODE 07/30 15~37 76~i756 OK STANDARD TIME : 07/30,~2001 15:40 NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, APRIL 5. 2001 NOTICE iS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold. the following application will be heard at a public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold New York 11971, on THURSDAY, APRIL 5, 2001, at the time noted below (or as soon thereafter as possible): 8:25 p.m. AppL No. 4927 - KACE Ll, INC. Applicant requests an Interpretation of Article IV. Section 100-42B.1 based on the Building Department's December 6, 2000 Notice of Disapproval for multiple dwellings, which denied a permit for the reason that the project does not have a valid Special Exception under Section 100-42B.1 of the Zoning Code. Location of Property: South Side of North Road (a/k/a C.R. 48), Project referred to as "Northwind Village" 500 feet east of Chapel Lane. Greenport.; Parcel #1000-40-3-1. The Board of Appeals will hear all persons, or their representative, desidng to be heard at the headng, or desidng to submit wdtten statements before the conclusion of the above hearing. This hearing will not start earlier than designated. Files are available for review dudng regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: March 8 2001 GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 0 0 % 0 0 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the .Application of (Name of Applicant) AFFIDAVIT OF SIGN POSTING Regardin~ POsting of Sign upon Applicants Land Identified as 1000~ COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ~y~r~¢_ ~.o~'b'c~cSOk~, residing at New York, being duly sworn, depose and say that: On the ~'( day of F[Ptvz-~t"( ,200 1 I personally placed the Town's official Poster, with the date of headng and nature of my application noted thereon, securely upon my property, located ten'(lO) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has rer~¢i~d i~ ~en days prior to the date of the subject hearing date, )~¢.~e~4~d.C~C'~vas show~ to be LI.A . J · ~%/ ~'8ignature) Sworn to before me this ~2~L £¢-day of_--'~ (~£cd~ 200' ~/ (Notar~ ~Public) *near the entrance or driveway entrance of my property, as the area most visible to Passersby. OF APPEALS TOWN OF $OUTHOLD.NEWYORK In the Matter of the Application of .... (Ne~ne of ~kpplicahta) GTM Pa~c~/~l~ - COUNTY OF SUFFOLK) STATE OF NEW YORK) C ~c>g--?'"' · New Yo~k, bein~ ~iul¥ sworn~ depese ~d say that: Hn~ted States Post ~ {n ~, N~ Y~rk, by CERTtFIED ~tL, RETURN RECEIPT ~EQUE{TED, a ~e copy ~ the atta~ Notice in p~aid envelopes address~ to cu~ent ~ners Sho~ on the asses~ent reit vedfio~ ~om the officia[ rec~s on filew th ~e~ssasser~ or County Real PrOpc~y O~oe , for eve~ ~ay of re~, s~ro~tng the app I¢,~~~ ~~ · ~c~rn to before me ~ia clay or ~ ' (NOtary P~bhc) PLEASE list, on the back of this Affidavit or on e sheet of paper, the lot numbere next to the owner names and addre.~.~es for whic, h notices were mailed. ']hank you, BENNETT ORLOWSKI, JR. Chairman WILLLA~M J. CREM]~RS KENNETH L. EDWARDS GEORGE RITCHIE I~kTHAN[, JR. RICt-IARD CAGGIANO Town Hall; 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: From: Date: Gerard P. Goehringer, Chairman, Zoning Board of Appeals Valerie Scopaz, AICP, Southold Town Planner May 11, 2001 Subject: Request for Input on Application No. 4927, Kace, LI, Inc. On behalf of the Planning Board, I have been researching the office files as they relate to the site plan for the above-referenced property and your Board's request for information. In the course of this research, a question came up regarding the actual interpretation request before the Zoning Board of Appeals. In discussing this question with Linda Kowalski, she indicated that your Board had similar questions of the applicant and that a written request for clarification would be made. I am in receipt of correspondence, dated May 9, 2001, from yourself to Mr. Pachman, the applicant's attorney, regarding this issue. As a result, the Planning Board has decided to wait for the applicant to clarify his interpretation request to the Zoning Board. VS:ck APPEALS B0~RD'MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765~1809 August 22, 2001 Matthew E. Pachman, Esq. Pachman & Pachman 366 Veterans Memorial Highway Commack NY 11725 Re: Appl, No. 4927 - Request for Interpretation Dear Mr. Pachman: This wil confirm that the Board took the following Action at its meeting of August 16; 2001: RESOLVED, to confirm Appl No. 4927 in the Matter of Kace L.I. Inc. (for relief as multiple-family uses on vacant land) is withdrawn without preiudice, This Resolution was duly adopted by all of the members present (4-0). Very truly yours. Linda Kowalski Board Secretary PAGttMAN & PAGHMAN, P.G. TELE¢oPIE~ {68 ~) 548-$~71 August 17, Gerard P. Goehringer, Chairman Board of Zoning Appeals Town of Southold?;Town Hall 53095 Main Street P.O. Box 1179 Southold, New York 11971 Re: Kace LI, LLC Request for Interpretation Dear Mr. Goehringer: The:fo!lowing !s in response to your letter dated August 13,2001, wherein you request a description of the aboVe;referenced app!!cati0n.. ~,. ~-~.. ,· ?-.:~,: : ............ ~ .. ~. _. '-- -. ,....~ :~ I enclose a letter fi.om the Town of Southold Building Department, dated August 13,2001, to Kace LI, LLC (Kace), stating that its application for a building permit was denied because ora purported conflict with Southold Town Code Section 100-42A. As you are aware, the Planning Board approved the site plan on July 11, 1983. You will recall that Southold Town Code §100-255(B) states: All site plans which have received final approval prior to the enactment of this Article shall remain valid for a period of three years from the date of such enactment. This period will begin when all governmentalapprovals have been obtained. (emphasis supplied) Since the Suffolk Couaty Water Authority has not yet issued its approval, this period has not yet commenced. Thus; the applicant beheves that~ the building official s demal must be reversed given the existence of ~h alid it ;pt ~ Page 2 Gerard P. Goehringer, Chairman August 17, 2001 I trust the foregoing is responsive to your inqttiry. MEP\jlw enclosures cc: Kace Lis LLC w/out encs. Very truly yours, MATTI-IEW E. PACHMAN © APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing .By Fax and Re,qular Mail BOARD OF APPEALS TOWN OF SOUTHOLD August13,2001 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 Matthew E. Pachman, Esq. .Pachman & Pachman 366 Veterans Memorial Highway Comr~ack.. NY 11725 Re: Appl. No. 4927 - Request for Interpretation Dear Mr. Pachman: We are ~n receipt of your letter dated August 8, 2001 with enclosed copy of a letter to Ed Forrester of the Building Department. Subsequently, we were advised that the applicant submitted a new application on August 10. 2001 requesting "multi-housing - two-family dwellings", and the Building Department issued another Notice of Disapproval dated August 13, 2001. Based on your letter and procedures of the Board. this wil confirm that Application No. 4927 appealing the July 30. 2001 Notice of Disapproval issued by the Building Department. is withdrawn. If you would like to file another application, based on the August 10, 2001 amended application and appealing the Building Department's August 13, 2001 Notice of Disapproval, please submit the application documents (listed on the attached instruction sheet). Please also provide a written description of the Board relief requested, before August 17, 2001 Very truly yours, Gerard P. Goehringer Chairman Enclosure DL~AT~ON 08713 ~432271 00:0I:~8 O~ ~qTA~DARD L$ SOUTHOL (631) 765-t809 FAX (631) 765-9064 TOWN OF FACSIMILE TRANSMITTAL SHEET ~C.) Z"A O~ce Staff 765-1809 - · // [] URGENT ~ FOR REVIEW [] PLEASE COMMENT~] PLEASE REPLY~] PLEASE RECYCLE 53095 MAIN ROAD P.O. BOX t179 SOUTHOLD. NY 11371-0959 TIME : 08~1~/200~ DATE,TIME F~× NO.iN~ME DLIRATION RESULT MODE 00/1~ 10:5~ 7651756 00:00:54 02 ECM O PAGHMAN & PAGHMAN. P.G. August 8, 2001 Gerard P. Goehringer, Chairman ~oard:o£Zoning Appeals ~o~8~:S0~tthoid, To,,vn Hall 53095 Main Street P.O. Box 1179 Southold, New York 11971 Re Application No. 4927 Kace LI, LLC Request for Interpretation Dear Mr. Goehringer: As you are aware, my firm represents Kace LI, LLC with respect to the above-noted matter. It has been scheduled for the August t6a hearing calendar. I enclose a letter to Building Inspector Ed Forrester which I trust is self-explanatory. Upon the issuance of the building permit, the request for interpretation may well be withdrawn as moot. I, thus, request that the hearing be adjourned until September 20m, pending action by the Building Department. Very truly yours, MATTHEW E. PACHMAN MEP\jlw enclosure cc: Ed Forrester, Building Inspector w/enc. Kace LI, LLC w/enc. PAGI-IMAN~ & PAG~IlqAN, P.G. ATTORNEYS August 8, 2001 E&Formster, Bm2ding Inspector Town of $outhold 53095: Main Road Southold; NY 11971 Re: Kace LI, LLC SCTM ~1000-40-3-1 Dear Mr. Forrester: As you nmy be a~ware, my firm represents Kace LI, LLC with respect to the above-noted matter. As yoa~ recall, by notice datedDecember 6, 2000, (a copy of which is attached for easy reference), you ,denied the huildi~/g_ permit application with respect to the above-referenced site. You, thereat~er, filed an . . amended Notice 0fDisapproval, dated July 30, 2001 (a copy of which is also enclosed for easy reference). JI is my understanding that both reasons for your disapproval related to the issue of mulliple dwellings, ::pursuant to S0uthold Town Code Section 100-42(B)(1). [ assume you, llarough inadvertence, overlooked the approved site plan signed by Henry E. Raynor Jr., as Chairmaa of the S0uthold Planning Department, on July 11, 1983, which provided for such multiple dwellings. Not withstanding this approved site plan, please be advised that, in an attempt to bring this long-overdue project t0 fruition, Kace has agreed, without prejudice, to build the structures, pursuant to this approved site plan, as tWO family dwellings, and not as multiple dwellings. Kindly process and issue the building perm/t at your earliest convemence. MATTHEW E. PACHMAN MEP/jlw enclosures cc: Kate LI, LLC FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEP&RTMENT SOUTHOLD, N.Y. A t¥IE, NI> ED NOTICE OF DISAPPROVAL TO g/o.K~nt~:~kosta . 2.Wi 54 $ reet New ~0rkN.Y. DATE; ,l'ulv 30. 2001 PleaSe take notice that your application dated Novem~ For permit for..Muttipl, dwellings at Location of'propertT~ ~qo~h Road (CR481 Greenport County Tax Map No 1000 - Section 4Q Block 3__ Lot..1. SubdMsicn Filed Map # Lot # Is retumed~erewith and disapproved on the following grounds vrovosed mulfipl.e dwellings not p~em~iltcd.~pursuant to Article tV Section 100-42B 1 which state~; Uses permitted by speclaI exception by th~ Board of Appeals. The fotlowin~ uses are oern~ittcd as a. ~ecial exeS_ tion by the Board o£Appeal,, as hereinafter provided, and subiect to site ohan approval ~g_Board: (1) Multiple dwellinas, townhouses, row or attached houses ~ not have ¥1~lid special exception from the Zoning Board of At>pe~l~ _ · P. roposed pro~ect does not have a valiql site plan approval from the Planning Board. Note; Above ~teterminati0n based on limited documentation submitteqt, r~g¥ require other approvals pendin& fu_,~her review. Authofiz~ature TO: ZBA Chairman and Members FROM: ZBA Office Staff SUBJECT: File Update - ~o~ z~ ~c. Witl~ reference to the above application, please find attached the following new information added to the official ZBA office file: Comments: ........................................................... Number of Pages Attached: .... fi__ ...........' TrMemo. doc via fax and US mail work order dated Decetrtbec 6, 2000 regTm~ the above ~roperW. Be ~sed ~mt NQ cons ~c6oa ~s beMg performed on sub~ect premises. 5pe~fic l~d cle~g ~ p~ sec~on ~00~259 of ~e Sou&old To~ Code· ~ ~.y q~es~ons, plebe do not he~mte ~ c~ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 BUILDING DEPARTIvI~NT TOWN OF SOUTItOLD Fax (516) 765-1823 Telephone (516) 765-1802 STOP WORK ORDER TAX MAP NUMBER Pursuant to Section 10u-q%~-lof the Code of the Town of Southold, New York, you are notified to immediately suspend all work and building activities until this order has been rescinded BASIS OF STOP WORK ORDER: CONDITIONS UNDER WHICH WORK MAY BE RESI/MED: Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constmtute an offense punishable by fine or imprisonment or both. DATED: gary KONTOKOSTA ASSOCIATES ° ENGINEERS/ARCHITECTS 43 west 541h street / new york city, new york 10019 / 212~582-61 00 kontokosta p.e. Om rogers r.a. November 22, 2000 Re' NoRT~ :~LAGE ero~ ~cafi~ - S/s ofNOR~ RO~'E~ of Chapel ~e ~e i~o~ation below is berg provided to ~e Building ~specmr's offi~ as per ~e Plmg Bo~d mnutes ofJMy 11, 1983 ~ which ~e the '~o~hw~d VH~M' site p~ w~ approved. As referenced (Schedule 100.41 prior zomng code) on the approved site plan, the "Off SWeet Parking" requiremems of one parking space per dwelling trait is being satisfied by providing an attached garage within each proposed dwelling unit. In addition, a second parking space in front of each mt will be voluntarily provided for additional parking. We are also prepari~}g a drainage plan for your acceptance, which will be sent to your office f~rtfiwith. If yott have any questions, please do not hesitate to call. I l122/00-NorthwindVillageparking KONTOKOSTA ASSOCIATES · ENGINEERS/ARCHITECTS 43 west 54th street / new york city, new york 10019 / 2t2-582-6100 e;m. kontokosta p.e. gary rogers r.a. November 22, 2000 Building Department Town of Sbuthold South01d, New York 11971 Re: NORTHWIND VILLAGE Project Site t~ .q -PA24~qG REQUIREMENTS Locadon- S/s of NORTH ROAD East of Chapel Lane Ctreeaq)o~ N Y, 11944 Dear Mr. Forester: TI~ information below is being provided to the Building Inspector's office as per the Planning Board minutes of luiy 11, 1983 at which time the '?qordiwind Village" site plan was approved. As referenced (Schedule 100.41 prior zoning code) on the approved site plan, the "Off Street Parking" r~quirements of one parking space per dwelling unit is be'rog satisfied by prov/aing an attached garage with'm each proposed dwelling unit. In addition, a second pa~king space ia front of each umt will be voluntarily provided for additional parking. We are also preparipg a drainage plan for your acceptance, which will be sent to your office If you have any questions, please do not hesitate to call. .':'" ~ ~':~.~'?~.~ ,~ . . KO TOKOST'A ASSOC AT'Es' "' · . . , . H ITECTS ENGINEERSi l &lARC, . ., 43 WEST 54TH STR 'NEW YORk CITY, NEW YORK 'i0019., , .i ,., ~.. / .i. ~.... ' . 'i' ~ i. : ,: 'I::Ii' ' ' % ~ ~, ~ ~ , ' ' ..?. ·. i..,.< ,... ~'~I ' I "" i , ~ t ~:' ' "' :.", ............... j i :~ ', ,, ~ '-~-' [X,:~ . ~ , .